Longserviceleave.com

Pro-rata long service leave in South Australia

If your job ends after at least 7 but less than 10 years in South Australia, you are paid 1.3 weeks of pay for each completed year of service (s 5(3)). An ordinary resignation qualifies, as long as you give the notice you are required to give.

The payment is the money value of 1.3 weeks' leave for each completed year, at your ordinary weekly rate immediately before your job ends (s 5(3), s 8(4)). It is paid straight away (s 8(4)). With less than 7 years, there is no payment under the Act.

Only completed years count (s 5(7)). At 7 years you are paid 9.10 weeks, at 8 years 10.40 weeks and at 9 years 11.70 weeks. 8 years and 11 months is still paid as 8 years. SafeWork SA's example: Aisha left after 8.5 years and was paid 8 x 1.3 = 10.40 weeks.

There are two exceptions. Nothing is payable if your employer dismissed you for serious and wilful misconduct, or if you ended the job unlawfully, such as by resigning without the notice you were required to give (s 5(4)). In the second case SafeWork SA says your employer 'has the legal option to withhold' the payment, so it is a risk, not an automatic loss. In SafeWork SA's example, Ajay left after 7.5 years without giving 2 weeks' notice, and his employer could withhold his payment.

Every other reason qualifies: resigning with notice, resigning because of illness, being dismissed for something other than serious misconduct, redundancy and retirement (s 5(3)). If you die, the payment goes to your personal representative (s 5(5)).

Unpaid leave can cost you a year. Unpaid leave, unpaid parental leave and some other breaks do not count as service (s 6(2)). SafeWork SA's example: Lien had a little over 9 years as a casual, but 10 weeks of unpaid leave left her two weeks short of 9 years, so she was paid 10.40 weeks instead of 11.70.

If you took leave in advance, it is taken off. SafeWork SA's example: Jack took 4 weeks in advance and left after 8 years, so 10.40 weeks less 4 weeks left 6.40 weeks to be paid (s 7(6)).

If your hours varied or you worked part-time or casually in the last 3 years, your weekly pay is your average weekly hours over those 3 years, multiplied by your hourly rate immediately before you leave (s 3(2), s 8(4)).

Common questions

Do I get pro-rata long service leave if I resign in SA?

Yes, after at least 7 years, as long as you gave the required notice. You are paid 1.3 weeks per completed year (s 5(3)).

What if I resign without giving notice?

Your employer may withhold the pro-rata payment, because leaving without the required notice is an unlawful termination by the worker (s 5(4)). It is not automatic. Your employer can still choose to pay.

Is pro-rata paid for part years in SA?

No. Only completed years count (s 5(7)). 8 years and 11 months is paid as 8 years: 10.40 weeks.

Do I get anything with less than 7 years?

No. The Act pays nothing for under 7 years of service (s 5(3)).

Official sources

Rules last reviewed 3 November 2026.